V# APHC010342812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 17118 OF 2025 Between: Rajagunta Elumalai Reddy, S/o. R.Subramaniyan, aged 56 years, Occ: Agriculture Coolie, R/o D. No. 2126a, Nagaraja Kuppam Village, Nagari Mandal, Chittoor District, Andhra Pradesh-517590. ...PETITIONER AND 1. THE STATE OF AP, Rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The Tirumala Tirupathi Devasthanm, Represented by its E.O, Tirupati, Tirupati District. 3. The District Collector, Chittoor, Chittoor District, Andhra Pradesh. 4. The Revenue Divisional Officer Rural, Nagari, Nagari Mandal-517590, Chittoor District, Andhra Pradesh. 5. The Tahsildar, Nagari Mandal, Nagari, Chittoor District. 6. The Village Revenue Officer, Nagarakju Kuppam Village, Beerakuppam Post, Kavetipuram Panchayath, Nagari Mandal, Chittoor District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order, or Direction one WRIT OF MANDAMUS the action of the 5**^ Respondent/Tahsildar in issuing in the nature of proceedings vide No. Roc No.A/294/2024 dated 16-06-2025 without conducting due enquiry or giving any reasons nor considering the petitioner's explanation dated 16-10-2024 to the subject land to an extent of Ac. 0.05 cents, out of Ac.3.42 cents in Sy.No.91/4 (Erstwhile Narayana Vanam Taluk) situated at NagarajuKuppam Village, Beerakuppam Panchayat, Nagari Mandal, Chittoor District, Andhra Pradesh as illegal,- arbitrary and principles of natural justice and also oppose to Articles 14, 19 and 21 of the Constitution of India and consequently suspend the proceedings issued by the 5 Respondent/ Tashsildar, Nagari to evict the petitioner vide its order Roc No.A/294/2024 dated 16-06-2025 to an extent of Ac.0.05 cents out of Ac.3.42 cents in Sy.No.91/4 (Erstwhile Narayana Vanam Taluk) situated at NagarajuKuppam Village, Beerakuppam Panchayat, Nagari Mandal, Chittoor District, Andhra Pradesh. lA No: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings issued by the 5th Respondent/ Tashsildar, Nagari to evict the petitioner vide its order Roc No.A/294/2024 dated 16-06-2025 to an extent of Ac.0.05cents out of Ac.3.42 cents in Sy.No.91/4 (Erstwhile Narayana Vanam Taluk) situated at NagarajuKuppam Village, Beerakuppam Panchayat, Nagari Mandal, Chittoor District, Andhra Pradesh pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI APPAVU MUNIRAJ Counsel for the Respondents: GP FOR REVENUE The Court made the following order: th V. APHC010342812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17118/2025 Between: 1.RAJAGUNTA ELUMALAI REDDY, S/0 R.SUBRAMANIYAN, AGED 56 YEARS, OCC NAGARAJA KUPPAM VILLAGE, NAGARI DISTRICT, ANDHRA PRADESH-517590 AGRICULTURE COOLIE, R/0 D. NO. 2126A, MAN DAL, CHITTOOR ...PETITIONER AND 1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE TIRUMALA TIRUPATHI DEVASTHANM, REPRESENTED BY ITS E.O, TIRUPATI, TIRUPATI DISTRICT. 3.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH. 4.THE REVENUE DIVISIONAL OFFICER RURAL, NAGARI, NAGARI MANDAL-517590, CHITTOOR DISTRICT, ANDHRA PRADESH. 5. THE TAHSILDAR, NAGARI MANDAL, NAGARI, CHITTOOR DISTRICT. 6.THE VILLAGE REVENUE OFFICER, NAGARAKJU KUPPAM VILLAGE, BEERAKUPPAM POST, KAVETIPURAM PANCHAYATH, NAGARI MANDAL, CHITTOOR DISTRICT. f mm ' 2 NV,J W.P.No.17118 of 2025 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue Writ, Order, or Direction one in the nature of WRIT OF MANDAMUS the action of the 5th Respondent/Tahsildar in issuing proceedings vide No. Roc No.A/294/2024 dated 16-06-2025 without conducting due enquiry or giving any reasons nor considering the petitioner's explanation dated 16-10-2024 to the subject land to an extent of Ac. 0.05 cents, out of Ac.3.42 cents in Sy.No.91/4 (Erstwhile Narayana Vanam Taluk) situated at NagarajuKuppam Village, Beerakuppam Panchayat, Nagari Mandal, Chittoor District, Andhra Pradesh as illegal,- arbitrary and principles of natural justice and also oppose to Article 14,19 and 21 of the constitution of India and consequently suspend the proceedings issued by the 5th Respondent/ Tashsildar, Nagari to evict the petitioner vide its order Roc No.A/294/2024 dated 16-06-2025 to an extent of Ac.0.05 cents out of Ac.3.42 cents in Sy.No.91/4 (Erstwhile Narayana Vanam Taluk) situated NagarajuKuppam Village, Beerakuppam Panchayat, Nagari Mandal, Chittoor District, Andhra Pradesh and to pass lA NO: 1 OF 2025 at Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the proceedings issued by the 5th Respondent/ Tashsildar, Nagari to evict the petitioner vide its order Roc No.A/294/2024 dated 16-06-2025 to an extent of Ac.0.05cents out of Ac.3.42 cents in Sy.No.91/4 (Erstwhile Narayana Vanam Taluk) situated at NagarajuKuppam Village, Beerakuppam Panchayat, Nagari Mandal, Chittoor District, Andhra Pradesh pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.APPAVU MUNI RAJ Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: T V 3 NV,J W.P.No.17118 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17118 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue Writ, Order, or Direction one in the nature of WRIT OF MANDAMUS the action of the 5th Respondent/Tahsildar in issuing proceedings vide No. Roc No.A/294/2024 dated 16-06-2025 without conducting due enquiry or giving any reasons nor considering the petitioner's explanation dated 16-10-2024 to the subject land to an extent of Ac. 0.05 cents, out of Ac.3.42 cents in Sy.No.91/4 (Erstwhile Narayana Vanam Taluk) situated at NagarajuKuppam Village, Beerakuppam Panchayat, Nagari Mandal, Chittoor District, Andhra Pradesh as illegal,- arbitrary and principles of natural justice and also oppose to Article 14,19 and 21 of the constitution of India and consequently suspend the proceedings issued by the 5th Respondent/ Tashsildar, Nagari to evict the petitioner vide its order Roc No.A/294/2024 dated 16-06-2025 to an extent of Ac.0.05 cents out of Ac.3.42 cents in Sy.No.91/4 (Erstwhile Narayana Vanam Taluk) situated at NagarajuKuppam Village, Beerakuppam Panchayat, Nagari Mandal, Chittoor District, Andhra Pradesh” 2. The brief facts of the case are that, the petitioner is in possession and enjoyment of land of an extent of Ac.3-42 cents in Sy.BNo.91/4, Nagarajukuppam Village, which is alleged to have been encroached by the petitioner. Accordingly, eviction notice dated 07.10.2024 under Section 7 of the Andhra Pradesh Land 4 NV,J W.P.No.l7118of 2025 Encroachment Act has been issued to the petitioner^ Vide order it. Roc.no.A/294/2024 dated 16.06.2025, the Tahsildar. Nagari Mandal passed orders stating that the subject land continues to be recorded as Kaluva, Gutta and Bandidari Poramboke lands which are objectionable porambokes, as such, it is a clear case of encroachment of Government Land and the petitioner has nothing to offer in support of his illegal occupation on Government Land. Consequently, directed the encroacher - petitioner to be evicted within 7 days from the date of receipt of order. Thereupon, the petitioner submitted explanation to the Tahsidlar in person on 20.06.2025 for issue of Possession Certificate in his favour and also requested 10 months to vacate the said encroachment from the Government Land. The present writ petition is filed to suspend the proceedings dated 16.06.2025 and consequently not to evict the petitioner from the subject property. 3. During hearing, learned counsel for the petitioner, without going into the merits of the case, requested this Court to direct the respondents to consider the explanation submitted by the petitioner 20.06.2025 and also not to evict the petitioners from the subject land. 4. On the other hand, learned Assistant Government Pleader for Revenue submitted written instructions of the Tahsildar, Nagari in Roc.No.A/294/2024 dated 08.07.2025, stating that the writ petitioner and his wife have already been granted House site pattas each Ac.0-03 cents in Sy.No.106 of Nagarajukuppam p NV,J W.P.No.17118 of 2025 Village, classified as Village Site. Further, the land cents continues to be recorded as Kaluva, Gutta and Bandidari Poramboke Lands which are objectionable porambokes and land are highly objectionable. in Sy.No.914 Ext.Ac.3-42 any encroachments in above 5. However, learned Assistant Government Pleader for Revenue readily agreed to dispose of the representation/explanation of the petitioner dated 20.06.2025, if any pending with the authorities. 6. In view of the submission of the learned Assistant Government Pleader for Revenue, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in "The Government of India v. P.Venkatesh^’’, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to the respondents to dispose of the representation dated 20.06.2025, I find no other alternative except to issue such direction. no 7. In the result, the writ petition is disposed of directing the respondents to consider and dispose of the representation dated 20.06.2025 made by the petitioner, in accordance with law, within four (04) months from today. The petitioner is at liberty to challenge the subsequent proceedings if any, if advised. 2019(8) SCALE 544 6 NV,J W.P.No.17118 of 2025 Till final disposal of the petitioner's representation, the respondents are hereby restrained from evicting the petitioner from the subject property. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand 8. closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// rr ^ SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Executive Officer, Tirumala Tirupathi Devasthanm, Tirupati, Tirupati District. 3. The District Collector, Chittoor, Chittoor District, Andhra Pradesh. 4. The Revenue Divisional Officer Rural, Nagari, Nagari Mandal-517590, Chittoor District, Andhra Pradesh. 5. The Tahsildar, Nagari Mandal, Nagari, Chittoor District. 6. The Village Revenue Officer, Nagarakju Kuppam Village, Beerakuppam Post, Kavetipuram Panchayath, Nagari Mandal, Chittoor District. 7. One CC to Sri Appavu Muniraj, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. gi HIGH COURT DATED:08/07/2025 ORDER WP N0.17118 0F 2025 i( 2 3 JUL 2025 yr^tijnynt SectioflxCy DISPOSING OF THE WRIT PETITION WITHOUT COSTS